People v. Mathis

—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered August 3, 1998, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second felony offender, to a term of 11 years, unanimously affirmed.

Under the circumstances presented, defendant’s claim that he was deprived of one of his allotted peremptory challenges requires preservation. The defense exercised only 14 of its 15 authorized challenges in the mistaken belief, following an inaccurate count by the court clerk, that it had used all 15 of them. Unlike the situation in People v…